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4086ORDINANCE NO. 4086 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 4.97 RELATING TO BUSINESS REGULATIONS (DANCE STUDIO AND SOCIAL STUDIO ESTABLISHMENTS). THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto Chapter 4.97 to read as follows: "CHAPTER 4.97 DANCE STUDIO AND SOCIAL STUDIO ESTABLISHMENTS Section 4.97.010 DEFINITIONS For the purpose of the provisions regulating Dance Instruction, Dance Studio and Social Studio Establishments and similar businesses hereinafter set forth, the following words and phrases shall be construed to have the meanings herein set forth unless it is apparent from the context that a different meaning is intended: (a) 'Person' Any natural person, firm, partnership, corporation or association. (b) 'Dance Studio' Any premises where there is conducted the business or transaction of furnishing, providing or procuring dance instructors for the purpose of providing dance instruction, lessons, demonstrations or exhibitions, to any person or persons who pay a fee, or any other thing of value, as consideration, compensa- tion or gratuity for the right or opportunity to dance with, or observe, such dancing instructor. (c) 'Social studio' A business conducted to provide a place for a person or persons to meet or gather and receive companionship of another, or where there is conducted the business or transaction of furnishing, providing or procuring, interlocutrices to engage in con- versation, meditation, communication or game instruction for a fee or any other thing of .value as consideration, compensation or gratuity whether or not physical contact is made, is covered under this Chapter unless another specific Chapter or Section of this Code applies. -1- (d) 'Dance Instructor' Any person who participates or otherwise engages in any dance instruction, lesson, demonstration, or exhibition for a fee, or any compensation or gratuity. Section 4.97.020 EXCEPTIONS The requirements of Chapter 4.97 shall have no application and no effect upon, and shall not be construed as applying to any persons designated as follows: (a) Any studio which is operated by any State College or public Junior College, or school wherein the person operating -it has met the require- ments established in Division 21 of the California State Education Code for the issuance or conferring of and is, in fact, authorized thereunder to confer a diploma or honorary diploma. (b) Any studio which is part of an insti- tution receiving financial support, in whole or in part, of the Federal or any State, County or City governments. (c) Any part of the City of Anaheim Recreation Program. Section 4.97.030 PERMIT REQUIRED It is unlawful for any person to engage in, conduct, or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises within the City of Anaheim, the business of a Dance Studio or Social Studio, in the absence of a permit issued pursuant to the provisions hereinafter set forth. The permit required here- by shall be in addition to any business license required by ordinance. Section 4.97.040 APPLICATION FEE (a) Any person desiring to obtain a permit to operate a Dance Studio or Social Studio shall make application to the License Collector who shall refer all such applications to the Chief of Police for an investigation. (b) Each application shall be accompanied by a nonrefundable application fee of $100.00. (c) Permit fees required under this Chapter shall be in addition to any license permit or fee required under any other Chapter of this Code. -2- Section 4.97.050 APPLICATION - CONTENTS AND PROCEDURE Any applicant for a permit shall submit the following information under penalty of perjury: (a) The full name, date of birth, present residence and business address and telephone number of the applicant; his California driver's license or California identification number. Any other names or aliases, including nicknames, used by applicant shall be listed. The applicant shall submit any change of address or telephone number which occurs at any time subsequent to being issued a permit. (b) Each residence and business address of the applicant for the three years immediately preceding the date of the application, and the inclusive dates of each such address. (c) Applicant's sex, height, weight, color of eyes and hair. (d) Applicant's business, occupation and employment history for the three years immediately preceding the date of application. (e) The permit history of the applicant; whether such person has ever had any license or permit issued by any Agency or Board, City, County or State revoked or suspended, or has had any professional or vocational license or permit revoked or suspended and the reason therefor. (f) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation, or Charter, together with the State, and date of incorporation, and names and residence of each stockholder holding more than five percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its Certificate of Limited Partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this sub- section pertaining to corporation applicants shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such person shall complete and sign all application forms required of an individual applicant under the ordinance codified in this title, but only one application fee shall be -3- charged. A Change Application shall be filed to change the responsible managing officer, but no additional inspection shall be necessary. The corporation's or partnership's responsible managing officer must at all times meet all the requirements set for permittees by this Section, or the corporation or partnership permit shall be suspended until a responsible managing officer who does meet all such requirements is designated. If no such person is named within ninety days, the corpor- ation or partnership permit is deemed cancelled and a new initial application or permit must be filed. (g) All convictions of any crimes, except minor traffic offenses (any traffic offense that is designated as a felony shall not be construed as a minor traffic offense), and, if so, the nature thereof and sentence therefor. (h) A definition of services to be provided. (i) The Dance Studio or Social Studio, or similar business license history of the applicant; whether such person, in previously operating in this or another City or State has had a business license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. (j) The name and address of each Dance Instructor or Social Studio employee who is or will be employed in said establishment. (1) The name and address of any Dance Studio or Social Studio, or other establishment owned or operated by any person whose name is required to be given pursuant to subsection 4.97.050(f) wherein the business of a Dance Studio or Social'Studio is carried on. (m) Authorization for the City, its agents and employees to seek information and conduct an investiga- tion into the truth of the statements set forth in the application and the qualifications of the applicant for the permit. (n) Such other identification and information necessary to discover the validity of the matters here- inabove specified as required to be set forth in the application. Upon filing of the application for a Dance Studio or Social Studio permit with the License Collector, the License Collector shall notify the Building Department, Planning Depart- ment and Fire Department. These departments shall cause an -4- inspection to be made of the premises sought to be licensed within twenty days to ascertain if the premises are in compliance with all applicable City laws. If the premises are in compliance, such departments shall issue a letter to the License Collector so stating which shall be forwarded to the Police Department with the application. If the premises are not in compliance, said departments shall issue a letter to the applicant setting forth the deficiencies and shall reinspect the premises no more than twice upon written request of the applicant. If a letter of full compliance is not issued by such department within ninety days of the date of filing of the application, the application shall be deemed withdrawn and a new application must be filed. The License Collector shall not forward the application to the Police Department until appropriate City departments have issued a letter of compliance. Section 4.97.060 DANCE STUDIO -AND SOCIAL STUDIO ESTABLISHMENTS - OPERATING REQUIREMENTS No persons shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, any Dance Studio or Social Studio establishment unless each and all of the following requirements are met: (a) Dance Studio and Social Studio operations shall be carried on and the premises shall be open only between the hours between 7:00 a.m. and 12:00 midnight. (b) A list of services available, and the cost of such services, shall be posted in an open and conspicuous place on the premises. The services shall be described in readily understandable language. (c) Minimum ventilation shall be provided in accordance with the Uniform Building Code. (d) Minimum lighting shall be provided in accordance with the Uniform Building Code, and in addition, at least one artificial light of not less than 100 watts shall be provided in each enclosed room or booth where Dance Instruction services or Social Studio services are being performed. (e) No person shall enter, be, or remain in any part of a Dance Studio or Social Studio location while in the possession of, consuming, or using any alcoholic beverage or drugs, except pursuant to a prescription of such drugs. The owner operator, responsible managing employee, manager, or permittee shall not permit any such person to enter or remain upon such premises. -5- (f) No person owning, operating or managing a Dance Studio or Social Studio shall knowingly cause, allow, or permit, in or about such establishment, any agent, employee or any other person under his control or supervision to perform acts prohibited by State or local laws or ordinances. "Knowingly," shall include both actual and constructive knowledge. (g) Proof of compliance with all applicable provisions of the Anaheim Municipal Code shall be provided to the License Collector, Chief of Police or their authorized representatives upon their request. Section 4.97.070 INSPECTION The City of Anaheim's Police Chief, Zoning Enforcement Official, Building Official, and their authorized representatives shall have the right to enter the Dance Studio or Social Studio establishment from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with applicable Building, Fire, Electrical, and Zoning regulations and provi- sions of this Chapter. Section 4.97.080 PERMIT PROCEDURES (a) Any applicant for a permit pursuant to this Chapter shall personally appear at the Police Department of the City of Anaheim and produce proof to the Police Department that the application fee has heretofore been paid to the License Collector of the City of Anaheim and thereupon said applicant shall present to the Police Department the application containing the information described hereinbefore in this Chapter. The Chief of Police shall have a reasonable time in which to investi- gate the application and the background of the applicant. Based on such investigation, the Chief of Police, or his representative, shall render a recommendation as to the approval or denial of the permit to the License Collector. The Chief of Police shall not recommend issuance or granting of a permit if, based on his investi- gation, he finds any one or more of the following: (1) An applicant fails or refuses to furnish the information or documents required by this Chapter; or (2) An applicant submits false, mislead- ing or fraudulent information on the application or on any document required by the City in conjunc- tion thereof; or Mc (3) The Chief of Police receives satisfactory evidence that the applicant, if an individual; or any of the stockholders holding more than five percent (5%) of the stock of the corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the holder of any lien of any nature, upon the business and/or the equipment used therein; or the manager or other person principally in charge of the operation of the business, have been convicted of, or have entered a plea of guilty or vole contendere to a felony or any other crime of moral turpitude; or an offense involving sexual misconduct including, but not limited to, a violation of Section 266i, 311 through 311.9, 314, 315, 316, 318, or subdivi- sions (a), (b), (c) or (d) of Section 647 of the California Penal Code or proof that the Studio personnel of the owners or operators of a Dance Studio or Social Studio establishment are required to register under the provisions of Section 290 of the Penal Code unless the Chief of Police finds that the offense is not reason- ably related to the occupation being regulated; or (4) The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, the City's building and zoning regulations; or (5) The operation of the Dance Studio or Social Studio establishment will not comport with the peace, health, safety and general welfare of the public; or (6) The applicant has had a similar permit or license denied, revoked, or suspended by the City or any other State or local agency within five (5) years prior to the date of the application; or (b) The City of Anaheim's Zoning Enforcement Official, Building Division Official and the Fire Depart- ment, shall inspect the premises proposed to be devoted to the Dance Studio or Social Studio and shall make separate recommendations to the License Collector con- cerning compliance with the foregoing provisions. -7- (c) The License Collector, after receiving the aforementioned and described recommendations, shall issue or deny a permit. In the event the permit is denied by the License Collector,'written notice of such denial shall be given to the applicant specifying the grounds for such denial. Notice of the denial of the permit shall be deemed to have been served upon personal service of applicant or when deposited in the United States mails with postage prepaid and addressed to the applicant at his last known address. Such refusal to issue a permit may be appealed to the City Council under the procedures as set forth below. (d) Within thirty (30) days from the date of denial, any person denied a permit pursuant to these provisions by the License Collector may request a hear- ing pursuant to Section 4.97.130 in writing stating reasons why the permit should be granted. All permits issued hereunder are nontransfer- able provided, however, a change of location of a Dance Studio or Social Studio may be permitted pursuant to the provisions herein. Section 4.97.090 IDENTIFICATION REQUIREMENTS The applicant, manager and all employees shall conform to those requirements set forth in Chapter 4.30 of the Anaheim Municipal Code concerning identification cards. Changes in personnel shall be reported to the City License Collector within five (5) days after said changes are made. Section 4.97.100 SALE OR TRANSFER AND CHANGE OF LOCATION Upon the sale or transfer of any interest in a Dance Studio or Social Studio, the license shall be null and void. A new application shall be made by any person, partnership, association or corporation desiring to own or operate the Dance Studio or Social Studio. A fee of $100.00 shall be payable for each such application involving sale or other transfer of any interest in an existing licensed Dance Studio or Social Studio and the provisions of this Chapter shall apply to such new application. Any such sale or transfer of any interests in an existing Dance Studio or Social Studio or any applica- tion for an extension or expansion of the building or other place of business of the Dance Studio or Social Studio, shall require inspection and shall require compliance with Section 4.97.060 of this Chapter. -8- A change of location of any licensed Dance Studio or Social Studio shall be approved by the Chief of Police and City Planning Director upon the determination that the requirements of Section 4.97.060 of this Chapter and all ordinances and regulations of the City of Anaheim have been fully complied with and upon the payment of a $50.00 change of location fee. Section 4.97.110 as herein provided, his business under permit. Section 4.97.120 NAME OF DANCE STUDIO OR SOCIAL STUDIO No person licensed to do business, and shall operate under any name or conduct any designation not specified in his REVOCATION AND SUSPENSION OF PERMIT No permit shall be revoked until after a hearing shall have been held before the City Manager or his designated representative pursuant to Section 4.97.130 to determine good cause for such revocation; provided however, the License Collector may order any permit suspended pending such hearing, and it is unlawful for any person to carry on the business of a Dance Studio or Social Studio which has been suspended until the suspended permit has been reinstated by the City Manager or the City Council. Section 4.97.130 HEARING (a) Notice of Hearing - Within ten (10) working days from the date on which the request for hearing is received, the City Manager, or his desig- nated representative, shall set a hearing date and shall notify the designee by first-class mail of the date, time and place of said hearing. Said hearing shall occur within ten (10) working days of the date of mailing the notice. (b) Conduct of Hearing - At the time set for such hearing, or at the date to which such hearing is continued, the City Manager, or his designated representative, shall receive all evidence relevant to the suspension or revocation. Such hearing need not be conducted according to technical rules relat- ing to evidence and witnesses. Oral evidence shall be taken only on oath or affirmation. (c) Decision After Hearing - Within fifteen (15) working days after the conclusion of the hearing, the City Manager, or his designated representative, shall find and determine, from the facts adduced at said hearing, whether good cause has been shown for the suspension or revocation. The decision of -9- the City Manager, or his designated representative, shall be in writing and shall contain findings of fact and a determination of the issues presented. (d) Notice of Decision - A notice of decision shall be sent to the applicant, by first-class mail, a copy of its decision and order. Section 4.97.140 APPEAL AFTER HEARING (a) Right to Appeal - Any applicant may, within fifteen (15) working days of the mailing date of the copy of the City Manager's, or his designated representative's decision and order, appeal such decision to the City Council by filing a notice of appeal, and appeal with the City Manager. (b) Contents of Appeal - An appeal shall set forth in writing specifically wherein the appellant believes there was error or abuse of discretion on the part of the City Manager. The City Manager shall, within ten (10) working days, transmit the appeal, together with a copy of its file, decision and order, and response to the appeal, if any, to the Clerk of the City Council, who shall forward it to the City Council. (c) Action by Council - The City Council shall, upon receipt of the material specified in the preceding paragraph from the Department: (1) Approve the dec is ion and order of the City Manager; or ( 2 ) Reverse or modify the decision and order, and refer the matter back to the City Manager; or (3) Set the matter for public hearing by notifying the appellant. Such public hearing shall be held de novo as if no hearing has previously been held; or (4) Approve the decision and order by taking no action within thirty (30) days of the receipt of the appeal. -10- Section 4.97.150 NOTIFICATION OF CHANGE An applicant for a license to operate or conduct a Dance Studio or Social Studio, or a holder of �. such a license shall report immediately to the License Collector any change in address of the persons, corpora- tions, partnerships or associations having a financial interest in the Dance Studio or Social Studio, or any trans- fer of interest in said establishment by such person, corporation, partnership or association. Section 4.97.160 NOTIFICATION OF DANCE INSTRUCTORS AND SOCIAL STUDIO EMPLOYEES The holder of a permit to operate or conduct a Dance Studio or Social Studio shall notify the License Collector in writing of the name and address of each person employed as a Dance Instructor or Social Studio employee at such establishments within five (5) days after such person is employed. Section 4.97.170 APPLICABILITY OF REGULATIONS TO EXISTING BUSINESSES The provisions of this Chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of this ordinance, except that those in business at the time this ordinance is effec- tive shall have sixty (60) days from said effective date to comply with the terms herein. Section 4.97.180 VIOLATION AND PENALTY Violation of this Chapter is a misdemeanor and is punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprison- ment. Revocation of a license or certificate shall not be a defense against prosecution. Any Dance Studio or Social Studio establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby, declared to be unlawful and a public nuisance and the City Attorney may, in addition to or in lieu of --, prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law." -11- SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word ,.� of this chapter of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 18th day of December, 1979. ATTEST: MJ'L 100 CLERK OF THE CITY OF ANAHEIM ROF:jh -12- STATE OF CALIFORNIA. ) COUNTY -OF ORANGE CITY.OF ANAHEIM ) I, LINDA.D. ROBERTS, City-Clerk..of.the'City of Anaheim, do hero -by -certify that the foregoing Ordinance.No.'4086 was introduced'.at a regular meeting of the'. City. Council .of the' City -of. Anaheim, held on' the ..'11th ddy of December, 1979,.4Lnd.that the'same-was.duly•passed'.and.adopted'at a regular.meeting of said City- Council held on' the" 18th day ,of ' December; 1979, by the'. following vote of the' members thereof: AYES: COUNCIL MEMBERS: .Overholt;-Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS:, None . ABSENT:. COUNCIL.MEMBERS:' None AND I FURTHER CERTIFY that .the' Mayor..of:.the' City..of ' Anaheim signed'. said Ordinance. No . ' 4086 on � the` 18th. day of . December; .1979'. IN WITNESS'.WHEREOF; I have hereunto-..set'.my,hand and affixed..the'gfficial seal of ' the City - of ' Anaheim . thU - 18th . day of '. December, 197.9 . - ' CITY.CLERK:OF:THE' CITY�9F ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4086 and was published once in the Anaheim Bulletin on the 28th day of December, 1979. A K! - Imm moi